who are legal heirs?

Some wills refer to "per stirpes" as when referring to distribution of assets from an estate.

I understand the meaning of "per stirpes" (if a named heir predeceases whoever made the will, then his/her share goes to the his/her "legal heirs")

Who are legal heirs?? a wife? an unadopted stepchild? an adopted child?

Does it have to do with "bloodlines" only?

All replies will be appreciated!

jw

Per Stirpes is another way of saying that it is awarded via probate to the heirs. Since there was no named beneficiary, the assets in question are usually included in the estate of the deceased. Probate laws vary from state to state. Check your state probate laws to find their legal interpretation of "per stirpes". Sorry I couldn't be more specific.

I do know this, in my state "per stirpes" is seldom where you want the assets to go. Expect to hear from (or meet) some "long lost" family if the estate is sizable.

Definition: Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate.

As an example, suppose that the testator is A, whose will specifies that their estate is to be divided among their children per stirpes. A has three children, B, C, and D. B is already dead, but has left two children (grandchildren of A), named B1 and B2. When A's will is executed, under a per stirpes division, C and D each receive one-third of the estate, and B1 and B2 each one sixth, because their "branch" of the family has received one equal share. Under a per capita distribution, each of the surviving descendants B1, B2, C, and D would have received one quarter of the estate.

Similarly, if grandchild B1 had also died before A but left two children, B1a and B1b, a per stirpes division would still give one third to each of C and D and one sixth to B2. The one sixth allocated to the B1 branch would be divided between B1a and B1b, with each receiving one twelfth of the original estate.